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(영문) 광주지방법원 2013.12.05 2013가합51881
부당이득금
Text

1. The plaintiff's lawsuit dismissed the part of the claim for confirmation.

2. The plaintiff's remaining claims are dismissed.

3. The plaintiff and the defendant.

Reasons

1. Basic facts

A. On October 8, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “instant insurance contract”). On May 3, 2013, the instant insurance contract and its rights and duties, or contractual status were transferred from the Plaintiff to the Plaintiff’s successor by means of a decision to transfer contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B. While the Defendant claimed the occurrence of an insurance accident and the amount of insurance proceeds had been hospitalized on November 12, 2009, the Defendant was hospitalized for 14 days in the Bneinary Department due to chromosomes, etc., and was hospitalized for 458 days in total at each hospital during the period from November 12, 2009 to February 12, 2013 as indicated in the separate hospitalization list, and received KRW 21,720,000 from the Plaintiff according to the instant insurance contract.

C. The status of the conclusion of each insurance contract by the Defendant and the amount of insurance proceeds received by the Defendant, each insurance contract concluded by the Defendant, and the insurance proceeds, etc. received from the insurance company including the Plaintiff as seen earlier (hereinafter “instant insurance accident”) according to each of the above insurance contracts are as

Plaintiff

Of each insurance contract claimed by the succeeding intervenor, the insurance contract of this case and the content and nature of guarantee were excluded from different insurances (automobile insurance, dental insurance, etc.).

In light of the fact that Defendant 2 LIG damage insurance first payment date of insurance premium for monthly payment insurance premium for the name of the product insured on November 12, 2009, the execution date of the insurance contract seems to be prior to November 12, 2009, 1 NH No. 1 NH damage Insurance Co., Ltd. 29,400 on July 08, 201, Defendant 200, Defendant 32,000, Defendant 2, 32,000, Defendant 2, LIG damage insurance, the first payment date of insurance premium for insurance premium for monthly payment for the name of the product insured on November 12, 2009.

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